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‘ZODWA CANNOT BE CHARGED WITH SODV’

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MBABANE – Zodwa Wabantu cannot be charged based on the Sexual Offences and Domestic Violence (SODV) Act as those who will be watching her will be doing so willingly.


This was a conclusion made by Women and Law in Southern Africa-Eswatini.
The Director of the organisation, Colani Hlatshwako, said under Exposure of or causing exposure or display of genital organs (flashing) which was Section 47 (1) reads;  “A person who unlawfully, whether or not for the sexual gratification of the person or a third person or not, exposes or displays or causes the exposure or display of the genital organs of the person or the third party to another person, without the consent of that other person, commits an offence.


Hlatshwako said within the context of the entertainment business, and particularly the manner in which Zodwa Wabantu dresses and carries herself, she could not be said to be doing it for her own sexual gratification.


She said for the person, to whom she exposes herself, it could be said that it was for their sexual gratification if they watch it willingly. However, Hlatshwako said it could not be an offence under the SODV Act, where the person willingly watches her performance as that would imply consent from the person watching.


According to Hlatshwako, the catch was who would constitute the audience. She said anyone who would attend the show would be presumed to have given consent to Zodwa Wabantu exposing herself to them because they would have purchased or accepted the ticket with the full knowledge of what the show would entail. In vernacular, Hlatshwako said, “Labatamubukela Zodwa batabe babhadele,  loko kusho kutsi bayavumelana naloko latabe abavetela kona.”


Performance


Hlatshwako said should anyone be averse to her performance, they could choose not to attend the show or to advocate for her omission from the show. “The issue here is the consent of the parties involved; where it can be proven that one of the parties did not consent, and then Zodwa Wabantu can be charged under the SODV,” she said. Meanwhile, she said if zodwa could be seen on the street dressed the way she looked in her pictures, she could be charged for indecent exposure under common Law.


Zowa Wabantu is a South African entertainer, famous for her revealing dress sense.
She has been booked to perform in the kingdom on August 3 during a musical festival hosted by Baceth Hardaware.


There has been mixed reactions about her performance which will also include gospel music giants. Some people are of the view that Zodwa should not be allowed to perform in the kingdom due to her revealing dress code while others said she could come as those who wouldl be watching would her would have consented.


They also mentioned that other artists perform in skimpy outfits and were not harassed by anyone. Government has not banned the SA entertainer from performing in the kingdom but she has been strongly advised to stay within the confines of the law.

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